Delhi High Court · 2025

W.P.(C) 10482/2024 Page 1 of 4 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10482/2024 & CM APPL. 13975/2025 ANJALI PANDEY .....Petitioner Through: Mr. D S Chadha & Ms. Prabjyoti K Chadha, Advs. (M: 9818563676) versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Anurag Ojha, Senior Standing Counsel with Mr. Subham Kumar, Ms. Garima Kumar & Mr. Dipak Raj, Advs. Mr. R. Venkat Prabhat, SPC with Ms. Kamna Behrani, Mr. Ansh Kalra and Mr. Divyanshu Sinha, Advs. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 27.03.2025 1. This hearing has been done through hybrid mode. CM APPL. 13975/2025 in W.P.(C) 10482/2024 2. This is an application filed by the Petitioner/Applicant in furtherance of the final order dated 22nd January, 2025 passed by this Court. The present application has been filed under Section 151 of CPC seeking the return of the gold jewellery belonging to the Petitioner, which was detained by the Customs Department vide detention receipt dated 13th March, 2024 at T-3 I.G.I Airport, New Delhi. 3. While disposing of the main writ petition, being W.P. (C) 10482/2024, vide order dated 22nd January, 2025, this Court had directed that the seized This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:47:19 W.P.(C) 10482/2024 Page 2 of 4 jewellery of the Petitioner deserves to be released. This Court further directed the same to be released within a period of two weeks from the date of the decision, being 22nd January, 2025. This Court had further stated that if the said jewellery has been disposed of for any reason, then the value of the seized jewellery as on the date of release shall be paid to the Petitioner within a period of four weeks. If the same is not paid by 15th March, 2025, interest @8% p.a. would also be liable to be paid by the Customs Department. The Petitioner was accordingly directed to collect the seized gold bangles or the monetary compensation, as the case may be, in person from the Customs Department. The operative portion of the said order reads: “Conclusion and Directions 25. Considering the above discussion, the jewellery of the Petitioner which has been seized deserves to be released. Let the same be released within a period of two weeks from today to the Petitioner. 26. If the said jewellery has been disposed of for any reason, then the value of the seized jewellery as on date shall be paid to the Petitioner within a period of four weeks. If the same is not paid by 15th March, 2025, interest @8% p.a. would also be liable to be paid by the Customs Department. 27. The Petitioner shall collect the seized gold bangles or the monetary compensation, as the case may be, in person from the Customs Department.” 4. On the last date i.e., 12th March, 2025, Mr. Chadha, ld. Counsel appearing for the Petitioner submitted that, pursuant to the said judgment the Petitioner had, in fact, visited Terminal-3, Indira Gandhi International Airport, New Delhi on 4th February, 2025 and had requested the Respondent/Department to return her jewellery. However, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:47:19 W.P.(C) 10482/2024 Page 3 of 4 Respondent/Department refused to release the said gold jewellery to the Petitioner without giving any valid reason for the same. He further submitted that, in terms of the said judgment, the Respondent was directed to pay the Petitioner the value of the detained jewellery in case the Department had disposed it off. However, it was pointed out that this amount had also not been paid. 5. Upon hearing the Petitioner, the Court, on the last date, had directed that the goods to be either released to the Petitioner or be produced before this Court on the next date i.e., 27tth March, 2025. 6. Today, the Court is informed that the goods have still not been released. Upon a query from the Court, Mr. Ojha, ld. Standing Counsel for the Respondent submits that the goods were not being released in view of the fact that the Department may be considering challenging the judgment dated 22nd January, 2025 by way of a Special Leave Petition (hereinafter ‘SLP’). 7. In view of this submission, it is directed that the gold bangles and other items may be released to the Petitioner. However, it is clarified that the same shall be subject to the decision of the Supreme Court in the SLP, if filed. 8. In view of this clarification, the undertaking of the Petitioner is also recorded to the effect that - (i) The jewellery items shall not be disposed of by the Petitioner; and (ii) The Petitioner, who is a Thai National, would be bound by any orders that may be passed by the Supreme Court if the SLP is filed. 9. The Petitioner shall be handed over the gold bangles and other items seized vide the detention receipt dated 13th March, 2024, tomorrow itself by 5:00 p.m. The storage charges incurred from 22nd January, 2025 till tomorrow, i.e., 28th March, 2025, shall stand waived. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 22:47:19 W.P.(C) 10482/2024 Page 4 of 4 10. The application is disposed of in these terms. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MARCH 27, 2025 dj/ar.